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(영문) 부산지방법원 2015.11.11 2015나1717

유체동산인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 2014, the Defendant, who operates the “E”, entered into a sales contract with the Hanjin Industries Co., Ltd. (hereinafter “Korea Heavy Industries”), with respect to unused steel (including the instant movable property) in the Hanjin Heavy Industries, with the price of which KRW 487.7 per kilogram, and F, the Defendant’s partner, sold the unused steel at the Internet site 50 won per kilogram.

B. D sent C’s business registration certificate with the introduction of itself as C(hereinafter “C”)’s D division by communicating D’s writing on the above Internet site to F. However, D was a person who has no relationship with C.

D An agreement was made between F and F to purchase the unused steel in 495 won per kilogram.

C. Around May 7, 2014, D contacted the Plaintiff operating the “G” and offered a proposal to sell and purchase the unused timber. The Plaintiff was to look at the above unused timber on the Chinese Heavy Industries site.

D The employee of the Plaintiff was residing in the Hanjin Heavy Industries, and the Plaintiff was informed of the personal information such as resident registration number front of the resident registration number, etc., and the Plaintiff was informed of the Plaintiff’s personal information in contact with E’s accounting staff H and sent the Plaintiff in lieu of himself, and H sent it to the Hanjin Heavy Industries.

The Plaintiff visited Han Heavy Industries together with I to present his resident registration certificate, and confirmed the unused steel through a security room, and then purchased at 290 won per kilogramme on condition that the Plaintiff bears transportation costs through consultation with D, and sold 330 won per kilogramme to I.

D) On May 9, 2014, the Defendant was urged to pay the price after leading the above unused steel to the Defendant. However, the Plaintiff and I did not enter the Hanjin Heavy Industries site. After the Plaintiff and I got up the above disused steel and loaded on the cargo vehicles, the Plaintiff around 14:08.